Department of Agriculture, Food and Nutrition Service, Western Region v. Federal Labor Relations Authority

The United States Department of Agriculture, Food and Nutrition Service (the Agency) seeks review of a ruling by the Federal Labor Relations Authority (the Authority) that a federal agency head cannot review and disapprove provisions of a collective bargaining agreement concluded pursuant to an interest arbitration award. We deny the petition for review and enforce the Authority’s order.

I. FACTS

In 1983, the National Treasury Employees Union (the Union), exclusive representative of the Western Region Food and Nutrition Service employees, entered into negotiations with the Agency for a master collective bargaining agreement. An impasse was reached on certain issues. The parties turned to the Federal Mediation and Conciliation Service (FMCS) under Section 7119(a) of the Federal Service Labor-Management Relations Act, as amended. The assistance of the FMCS did not resolve all issues; consequently, the Union sought the assistance of the Federal Service Impasses Panel (the Panel). The Union first submitted a request for Panel approval of binding arbitration under Section 7119(b)(2). The Agency objected to this request because it was not submitted by both parties, as required under…